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HomeMy WebLinkAboutPackets - Water Utillity Commission (37)       AGENDA WATER UTILITY COMMISSION REGULAR SESSION OCTOBER 11, 2021 HOPI CONFERENCE ROOM 11000 N. LA CAÑADA DRIVE        REGULAR SESSION AT OR AFTER 5:00 PM   CALL TO ORDER   ROLL CALL   CALL TO AUDIENCE - at this time, any member of the public is allowed to address the Commission on any issue not listed on today’s agenda. Pursuant to the Arizona open meeting law, individual Commission members may ask Town staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Commission may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card.   REGULAR SESSION AGENDA   1.REVIEW AND APPROVAL OF THE SEPTEMBER 13, 2021 REGULAR SESSION MEETING MINUTES   2.DISCUSSION AND POSSIBLE ACTION ON CANCELLATION OF THE DECEMBER WATER UTILITY COMMISSION MEETING      3.UPDATE, DISCUSSION AND POSSIBLE ACTION ON THE NORTHWEST RECHARGE, RECOVERY AND DELIVERY SYSTEM SUPPLEMENTAL AGREEMENT (P. ABRAHAM)   4.UPDATE AND DISCUSSION ON ORO VALLEY TOWN CODE CHAPTER 15 WATER CODE AMENDMENT (P. ABRAHAM)   5.UPDATE AND DISCUSSION ON WATER UTILITY FINANCIALS (M. RALLIS)   6.UPDATE AND DISCUSSION ON CAPITAL IMPROVEMENT PROJECTS (L. JACOBS)   7.UPDATE AND DISCUSSION ON WATER RESOURCE USAGE (P. ABRAHAM)   8.TOWN COUNCIL MEETINGS/COMMUNICATIONS (COUNCILMEMBER BOHEN)     9.DIRECTOR'S REPORT   CALL TO AUDIENCE - at this time, any member of the public is allowed to address the Commission on CALL TO AUDIENCE - at this time, any member of the public is allowed to address the Commission on any issue not listed on today’s agenda. Pursuant to the Arizona open meeting law, individual Commission members may ask Town staff to review the matter, ask that the matter be placed on a future agenda, or respond to criticism made by speakers. However, the Commission may not discuss or take legal action on matters raised during "Call to Audience." In order to speak during "Call to Audience", please specify what you wish to discuss when completing the blue speaker card.   FUTURE AGENDA ITEMS   ADJOURNMENT   POSTED: 10/07/21 at 5:00 p.m. by PP When possible, a packet of agenda materials as listed above is available for public inspection at least 24 hours prior to the Commission meeting in the Town Clerk's Office between the hours of 8:00 a.m. – 5:00 p.m. The Town of Oro Valley complies with the Americans with Disabilities Act (ADA). If any person with a disability needs any type of accommodation, please notify the Town Clerk’s Office at least five days prior to the Commission meeting at 229-4700. In accordance with the Pima County Health Department’s most recent health advisory, the Town respectfully asks all in-person meeting attendees, regardless of vaccination status, to please wear a mask while indoors. COVID-19 remains a fluid situation, and the Town will adjust its safety guidelines in accordance with any future health advisories from the Health Department. INSTRUCTIONS TO SPEAKERS Members of the public have the right to speak during any posted public hearing. However, those items not listed as a public hearing are for consideration and action by the Commission during the course of their business meeting. Members of the public may be allowed to speak on these topics at the discretion of the Chair. If you wish to address the Commission on any item(s) on this agenda, please complete a blue speaker card located on the Agenda table at the back of the room and give it to the Recording Secretary. Please indicate on the speaker card which item number and topic you wish to speak on, or if you wish to speak during “Call to Audience,” please specify what you wish to discuss when completing the blue speaker card. Please step forward to the podium when the Chair announces the item(s) on the agenda which you are interested in addressing. 1. For the record, please state your name and whether or not you are a Town resident. 2. Speak only on the issue currently being discussed by the Commission. Please organize your speech, you will only be allowed to address the Commission once regarding the topic being discussed. 3. Please limit your comments to 3 minutes. 4. During “Call to Audience”, you may address the Commission on any issue you wish. 5. Any member of the public speaking must speak in a courteous and respectful manner to those present. Thank you for your cooperation. “Notice of Possible Quorum of the Oro Valley Town Council, Boards, Commissions and Committees: In accordance with Chapter 3, Title 38, Arizona Revised Statutes and Section 2-4-4 of the Oro Valley Town Code, a majority of the Town Council, Board of Adjustment, Historic Preservation Commission, Parks and Recreation Advisory Board, Stormwater Utility Commission, and Water Utility Commission may attend the above referenced meeting as a member of the audience only.”    Water Utility Commission 1. Meeting Date:10/11/2021   Submitted By:Danielle Tanner, Water SUBJECT: REVIEW AND APPROVAL OF THE SEPTEMBER 13, 2021 REGULAR SESSION MEETING MINUTES RECOMMENDATION: Staff recommends approval. EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I move to approve (approve with changes) the September 13, 2021 regular session meeting minutes. Attachments Item 1 - Draft Minutes 9/13/21  D R A F T MINUTES WATER UTILITY COMMISSION REGULAR SESSION SEPTEMBER 13, 2021 HOPI CONFERENCE ROOM 11000 N. LA CAÑADA DRIVE            REGULAR SESSION AT OR AFTER 5:00 PM   CALL TO ORDER - Chair Hurt called the meeting to order at 5:00 p.m.   ROLL CALL Present: Charlie Hurt, Chair Tom Marek, Vice Chair Greg Hitt, Commissioner Chuck Hollingsworth, Commissioner Byron McMillan, Commissioner Robert Milkey, Commissioner Staff Present:Peter A. Abraham, Water Utility Director Mary Rallis, C.P.A., Water Utility Administrator David Allred, Water Operations Manager CALL TO AUDIENCE - No speakers.   REGULAR SESSION AGENDA   1.REVIEW AND APPROVAL OF THE AUGUST 9, 2021 REGULAR SESSION MEETING MINUTES       Motion by Commissioner Greg Hitt, seconded by Commissioner Chuck Hollingsworth to approve the August 9, 2021 meeting minutes as written.  Vote: 6 - 0 Carried   2.DISCUSSION ON FISCAL YEAR 2022-23 COST OF SERVICE STUDY       Water Utility Administrator Mary Rallis provided a presentation which included the following: - Cost of Service Study - Requested information for Cost of Service Study - Next steps - Schedule Discussion ensued amongst the Commission and staff regarding Item #2.   9/13/21 Minutes, Water Utility Commission Regular Session 1   3.UPDATE AND DISCUSSION ON ORO VALLEY'S COLORADO RIVER WATER SUPPLY       Water Utility Director Peter Abraham provided a presentation which included the following: - Colorado River System - Lake Mead and the Lower Basin Drought Contingency Plan - Lower Basin Drought Contingency Plan - Arizona's CAP Priority System - What do CAP shortages mean to Oro Valley? Discussion ensued amongst the Commission and staff regarding Item #3.   4.DISCUSSION AND POSSIBLE ACTION ON NORTHWEST RECHARGE, RECOVERY AND DELIVERY SYSTEM SUPPLEMENTAL AGREEMENT       Water Utility Director Peter Abraham provided a presentation which included the following: - Northwest Recharge, Recovery and Delivery System Project (NWRRDS) Partnered and Independent projects - NWRRDS Partnered IGA - NWRRDS Supplemental IGA Discussion ensued amongst the Commission and staff regarding Item #4.   5.TOWN COUNCIL MEETINGS/COMMUNICATIONS Councilmember Bohen commended Water Utility Director Peter Abraham for his work on the water wasting code. Councilmember Bohen provided an update on upcoming Town Council agenda items related to the Water Utility.   6.SUBCOMMITTEE/COMMISSIONER REPORTS   A.FINANCE SUBCOMMITTEE Vice Chair Marek reported the Subcommittee has not met recently.   B.WATER RESOURCES AND CONSERVATION SUBCOMMITTEE Chair Hurt reviewed the items discussed at the last Subcommittee meeting.   7.DIRECTOR'S REPORT       Water Utility Director Peter Abraham reported on upcoming meetings.   CALL TO AUDIENCE - No speakers.   FUTURE AGENDA ITEMS 9/13/21 Minutes, Water Utility Commission Regular Session 2 FUTURE AGENDA ITEMS Commissioner McMillan requested an update on the recent changes made to the Town Water Code. Seconded by Vice Chair Marek.   ADJOURNMENT    Motion by Vice Chair Tom Marek, seconded by Commissioner Greg Hitt to adjourn the meeting at 6:02 p.m.  Vote: 6 - 0 Carried     I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular session of the Town of Oro Valley Water Utility Commission of Oro Valley, Arizona held on the 13th day of September 2021. I further certify that the meeting was duly called and held and that a quorum was present. ___________________________ Danielle Tanner Senior Office Specialist 9/13/21 Minutes, Water Utility Commission Regular Session 3    Water Utility Commission 3. Meeting Date:10/11/2021   Submitted By:Danielle Tanner, Water SUBJECT: UPDATE, DISCUSSION AND POSSIBLE ACTION ON THE NORTHWEST RECHARGE, RECOVERY AND DELIVERY SYSTEM SUPPLEMENTAL AGREEMENT (P. ABRAHAM) RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: I move to recommend forwarding the NWRRDS Supplemental Agreement to the Town Council for consideration of approval.  Attachments Item 3 - NWRRDS Supplemental Agreement Presentation  Item 3 - Final Draft NWRRDS Supplemental IGA  Peter A. Abraham, P.E. Water Utility Director Water Utility Commission October 11, 2021 Oro Valley Water Utility Update, Discussion & Possible Action on NWRRDS Supplemental Agreement NWRRDS Supplemental IGA Goals: Simplify construction coordination Allow all partners to have beneficial occupancy of the infrastructure at the same time Take advantage of economies of scale IGA Details Oro Valley becomes lead agency for supplemental IGA Project management by Oro Valley Inspected and accepted on behalf of the partners by Oro Valley Partners reimburse Oro Valley for all costs associated with work related to the partners Agreement was completed July of 2021 Engineers Estimate for OV Cost of Service OV cost of service to provide Construction Services Engineers Estimate for Consultant Cost of Service Consultant cost of service to provide construction services Discussion & Possible Action Discussion Possible Action I move to recommend forwarding the NWRRDS Supplemental Agreement to Town Council for Consideration of Approval. 00076451.DOCX /1 INTERGOVERNMENTAL AGREEMENT BETWEEN THE METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT THE TOWN OF MARANA AND THE TOWN OF ORO VALLEY TO ACCOMMODATE ADDITIONAL PARTNERED WATER FACILITY CONSTRUCTION AS PART OF THE NORTHWEST RECHARGE, RECOVERY, AND DELIVERY SYSTEM (NWRRDS) This Intergovernmental Agreement (this “IGA”) is entered into by and between the Metropolitan Domestic Water Improvement District, an Arizona domestic water improvement district (“MDWID”); the Town of Marana, an Arizona municipal corporation (“Marana”); and the Town of Oro Valley, an Arizona municipal corporation (“Oro Valley”). RECITALS A. MDWID, Marana and Oro Valley are parties to that certain intergovernmental agreement entitled “Northwest Recharge, Recovery, and Delivery System (NWRRDS) Intergovernmental Agreement” made and entered into on April 19, 2017 and recorded in the office of the Recorder of Pima County, Arizona, on April 19, 2017, at Sequence 20171090375 (the “Original IGA”). B. Each of the Parties has stored water underground or has utilized a groundwater savings facility for later recovery and use as provided by Arizona law. C. Each Party desires to recover the water stored underground or credited through a groundwater savings facility and utilize that water as provided by Arizona law. D. Each Party desires to work together with the other Parties in good faith to recover and deliver renewable water to foster water resource stability regionally and in each Party’s respective service area. E. To allow for the transportation and use of the recovered water, each of the Parties is currently participating in the design and construction of the NWRRDS Project in the manner described in the Original IGA. F. To allow for the transportation and use of the recovered water, each of the Parties desires to participate in the operation and maintenance of the NWRRDS Project in the manner described in the Original IGA. G. Each of the Parties now desires to take advantage of the economies of scale and to avoid potential construction conflicts by adding additional partnered water facility construction to the NWRRDS Project, to be constructed by the Project Contractor, administered by Oro Valley, and paid for by the Parties. H. The Parties are authorized to contract for services and enter into agreements with one another for joint and cooperative action pursuant to A.R.S. § 11-952, et seq. 00076451.DOCX /1 2 DEFINITIONS As used in this IGA, the following terms, when capitalized, have the meanings indicated: 1. “Authorized Representative” means the individual, as set forth in Section 6.1 of the Original IGA. 2. “Construction Work” or the “Project” means all work associated under this IGA associated with constructing the additional partnered water facility infrastructure, including but not limited to, all planning, permitting, construction, reconstruction, contract preparation, purchasing, supervision, inspection, accounting and implementation, testing and start-up for the Project as detailed in Exhibits A, B and C, of this IGA, attached to and incorporated by this reference in this IGA, prior to the In-Service Date. 3. “Construction Costs” means the costs of performing Construction Work, as described in Section 7 of the Original IGA. 4. “Force Majeure Event” means any event beyond the reasonable control of a Party, including but not limited to failure of or threatened failure of facilities, flood, earthquake, storm, fire, lightning, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor or material shortage, sabotage, restraint by court order or public authority, and action or non-action by or failure to obtain the necessary authorizations or approvals from any governmental agency or authority not a Party to this IGA, which by exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence it shall be unable to overcome. 5. “In-Service Date” has the meaning set forth in Section 1.12 of the Original IGA. 6. “Notice of Withdrawal” means the written notice that a Party is withdrawing from this IGA. 7. “NWRRDS” or “Northwest Recharge, Recovery, and Delivery System” means the water delivery system, which is composed of, but not limited to, a pipeline, certain land rights, certain well sites, and the forebay site, all as described in Exhibit A of the Original IGA. 8. “NWRRDS Committee” means the committee established pursuant to Section 6 of the Original IGA. 9. “NWRRDS Project” means the construction work or project described in the Original IGA. 10. “Parties” means collectively, MDWID, Marana, and Oro Valley. Each may be referred to as a “Party.” 11. “Project Contractor” means the contractor selected to construct the Project as described in this IGA and shown in Exhibits A, B and C. 00076451.DOCX /1 3 12. “Project Inspector” means the inspector employed by Oro Valley to ensure the Project Contractor performs work in accordance with the contract documents. The Project Inspector also includes agents hired by Oro Valley to perform construction inspection services. 13. “Project Manager” means the manager employed by Oro Valley to manage the Project as described in this IGA. 14. “Third Party Liability” means any liability arising from a claim brought by a third party not a Party to this IGA in relation to the Construction Work of the Project. AGREEMENT NOW, THEREFORE, based on the foregoing recitals, which are incorporated by reference herein, and in consideration of the matters and agreements set forth in this IGA, the Parties hereby agree as follows: 1. Purpose. This IGA is intended as a supplement to the Original IGA, to address only those MDWID, Marana and Oro Valley facilities constructed as part of the Project pursuant to this IGA. Each Party shall retain ownership of its portion of the facilities that are constructed as part of the Project under this IGA (as described in Section 2 and Exhibits A, B and C) and shall be responsible for the operation and maintenance of its respective facilities constructed as part of the Project under this IGA. Once complete, infrastructure constructed under this IGA is not subject to the provisions of the Original IGA. 2. The Project. The scope of the Project shall include the construction of the following: 2.1. MDWID Facilities: A booster station, suction piping, discharge piping, transmission main and related work as shown in detail in Exhibit A. More specifically the scope of the MDWID portion of the Project includes all work shown between Sta: 6+90.3 to Sta: 19+30. At Sta: 19+30 provide a 16-inch MJ cap with a 3-inch DVA. All work is shown in detail in Exhibit A. 2.2. Marana Facilities: A booster station, suction piping, discharge piping, transmission main and related work as shown in detail in Exhibit B. More specifically the scope of the Marana portion of the Project includes all work shown between Sta: 200+00 to Sta: 218+80. At Sta: 218+80 provide a 12-inch MJ cap with 3-inch DVA. All work is shown in detail in Exhibit B. 2.3. Oro Valley Facilities: A booster station, suction piping, discharge piping, transmission main and related work as shown in detail in Exhibit C. More specifically the scope of the Oro Valley portion of the Project includes all work shown between Sta: 0+00 to Sta: 19+00. At Sta: 19+00 provide a 16-inch MJ cap with 3-inch DVA. All work is shown in detail in Exhibit C. 3. MDWID responsibilities. MDWID shall:, in accordance with the [Fee Estimate] attached to and hereby incorporated by this reference in this IGA as Exhibit E. 00076451.DOCX /1 4 3.1. Pay for 1/3 of the cost for incorporation of the MDWID design plans into the integrated partnered final design plans of Marana and Oro Valley under this IGA. 3.2. Pay for 1/3 of the cost to develop a combined set of specifications and bid schedule for elements common to all Parties under this IGA. 3.3. Pay for 100% of the cost to integrate the MDWID work into the Parties’ specifications and bid schedule for those specifications and bid items unique to the MDWID Work and not covered in the Parties’ specifications and bid schedule under this IGA. 3.4. Pay for all permitting necessary for the Project Contractor to construct the MDWID work under this IGA within 7 business days of receipt from Oro Valley of an itemized invoice showing the breakdown of charges for each invoice for permitting costs associated with the MDWID Work and providing MDWID with supporting invoices and time sheets, if applicable. 3.5. Prior to the commencement of the Construction Work, MDWID shall pay for and provide the Project Manager with all required “PDEQ Approval to Construct” regulatory permits associated with the MDWID related portion of the Construction Work. 3.6. Pay for the construction of the MDWID Work performed by the Project Contractor under this IGA within 7 business days of receipt from Oro Valley of an itemized invoice showing the breakdown of charges for each invoice for Construction Costs associated with the MDWID Work and providing MDWID with copies of supporting vendor invoices and time sheets, if applicable. 3.7. Pay for the project management of the MDWID Work performed by the Project Manager under this IGA within 7 business days of receipt from Oro Valley of an itemized invoice and supporting documentation including timesheets for each pay period for each invoice for project management services associated with the MDWID Work. 3.8. Pay for the construction inspection of the MDWID Work performed by the Project Inspector and its agents by paying within 7 business days of receipt from Oro Valley of an itemized invoice and supporting documentation including timesheets for each pay period for each invoice for construction inspection services associated with the MDWID Work. 3.9 MDWID shall submit Oro Valley provided documentation to obtain PCDEQ “Approval of Construction” certification for the MDWID portion of the Work. 4. Marana responsibilities. Marana shall:, in accordance with the [Fee Estimate] attached to and hereby incorporated by this reference int his IGA as Exhibit E. 4.1. Pay for 1/3 of the cost for incorporation of the Marana design plans into the integrated partnered final design plans of MDWID and Oro Valley under this 00076451.DOCX /1 5 IGA. 4.2. Pay for 1/3 of the cost to develop a combined set of specifications and bid schedule for elements common to all Parties under this IGA. 4.3. Pay for 100% of the cost to integrate the Marana Work into the Parties’ specifications and bid schedule for those specifications and bid items unique to the Marana Work and not covered in the Parties’ specifications and bid schedule under this IGA. 4.4. Pay for all permitting necessary for the Project Contractor to construct the Marana Work under this IGA within 7 calendar days of receipt from Oro Valley of an itemized invoice showing the breakdown of charges for each invoice for permitting costs associated with the Marana Work and providing Marana with supporting invoices and time sheets, if applicable. 4.5. Prior to the commencement of the Construction Work, Marana shall pay for and provide the Project Manager with all required “PDEQ Approval to Construct” regulatory permits associated with the Marana related portion of the Construction Work. 4.6. Pay for the construction of the Marana Work performed by the Project Contractor under this IGA within 7 business days of receipt from Oro Valley of an itemized invoice showing the breakdown of charges for each invoice for Construction Costs associated with the Marana Work and providing Marana with copies of supporting vendor invoices and time sheets, if applicable. 4.7. Pay for the project management of the Marana Work performed by the Project Manager under this IGA within 7 business days of receipt from Oro Valley of an itemized invoice and supporting documentation including timesheets for each pay period for each invoice for project management services associated with the Marana Work. 4.8. Pay for the construction inspection of the Marana Work performed by the Project Inspector and its agents by paying within 7 business days of receipt from Oro Valley of an itemized invoice and supporting documentation including timesheets for each pay period for each invoice for construction inspection services associated with the Marana Work. 4.9 Marana shall submit Oro Valley provided documentation to obtain PCDEQ “Approval of Construction” certification for the Marana portion of the Work. 5. Oro Valley responsibilities. Oro Valley shall: 5.1. Pay for 1/3 of the cost for incorporation of the Oro Valley design plans into the integrated partnered final design plans of MDWID and Marana under this IGA. 00076451.DOCX /1 6 5.2. Pay for 1/3 of the cost to develop a combined set of specifications and bid schedule for elements common to all Parties under this IGA. 5.3. Pay for 100% of the cost to integrate the Oro Valley Work into the Parties’ specifications and bid schedule for those specifications and bid items unique to the Oro Valley Work and not covered in the Parties’ specifications and bid schedule under this IGA. 5.4. Pay for all permitting necessary for the Project Contractor to construct the Oro Valley Work under this IGA. 5.5. Prior to the commencement of the Construction Work, Oro Valley shall pay for all required “PDEQ Approval to Construct” regulatory permits associated with the Oro Valley related portion of the Construction Work. 5.6. Pay for the construction of the Oro Valley Work performed by the Project Contractor for Construction Costs associated with the Oro Valley Work. 5.6. Pay for the project management of the Oro Valley Work performed by the Project Manager under this IGA for project management services associated with the Oro Valley work. 5.7. Pay for the construction inspection of the Oro Valley Work performed by the Project Inspector and its agents for construction inspection services associated with the Oro Valley Work. 5.8. Perform the following design plan preparation, procurement, project management and construction inspection services for the work detailed in Exhibits A, B and C. 5.8.1. Provide design plan integration services to aggregate the Parties’ design plans, specifications and bid schedules in a single bid document suitable for bidding. 5.8.2. Provide cost proposals to accomplish the items in Section 5.8.1 to the NWRRDS Committee for review prior to authorization of the work. 5.8.3. Provide procurement services in accordance with applicable law. This scope of work includes preparation of procurement language, contract documents, advertising for competitive bidding, evaluation of bids and award of contract for the Construction Work under this IGA. A. Provide procurement language and contract documents to the NWRRDS Committee for review prior to bidding. B. Provide tabulated bid results to the NWRRDS Committee for review prior to contract award. 00076451.DOCX /1 7 5.8.4 Other matters as set forth in this IGA or as brought to the NWRRDS Committee by Oro Valley. 5.8.5 Provide Project Manager services on behalf of the Parties to include the following: A. Management of the Construction Work. B. Scheduling and preparation of review materials for NWRRDS Committee meetings. C. At each meeting of the NWRRDS Committee, supply the NWRRDS Committee with information on any matters which may substantially affect the construction of the Project. D. Review and approve Project Contractor invoicing. E. Prepare and distribute a monthly statement to each Party specifying expenditures for the prior month for that Party, and the distribution of these expenditures to each participating Party. F. Obtain all permits, licenses, approvals, contracts and insurance as required to perform and complete all Construction Work, except for the permits as described in 3.5 and 4.5. G. Follow Generally Accepted Accounting Principles (GAAP), Governmental Accounting Standards Board (GASB), Arizona Revised Statutes (ARS) and engineering practices. H. Prior to construction of the Project, Oro Valley shall provide a proposed construction budget to the other Parties. The budget shall include each Party’s estimated share of the costs. Each budget shall be submitted to the NWRRDS Committee for review. I. Approve change orders in accordance with this subsection. 5.8.5.I.1 All change orders shall be discussed during regularly scheduled meetings during the construction of the Project. The meetings shall be attended by a representative of each Party appointed by the Authorized Representative for that Party. The frequency of the meetings shall be determined by the representatives of the Parties. In the event of disagreements, the issue shall be brought before the NWRRDS Committee and a decision shall be made by a vote of the Parties in accordance with section 6.6 of the Original IGA. 00076451.DOCX /1 8 5.8.5.I.2. Oro Valley may authorize change orders on behalf of that Party’s portion of the Project if the aggregated increased cost of all change orders for the affected Party is less than five percent (5%) of that Party’s total project award amount. If the aggregated change orders are greater than 5% of the affected Party’s total project award, Oro Valley shall provide notice of the change order to the Party’ and shall provide it in advance of the meeting where the change order will be considered. Oro Valley shall authorize such change orders if the change order is approved by those representatives of the Parties in attendance at the meeting where the change order is considered, provided that a Party may provide written approval of or objection to the change order in lieu of attending the meeting. 5.8.5.I.3. Notwithstanding subsection 5.8.5.I.2, if Oro Valley authorizes a change order for work outside the scope of the Project’s final design plans in any dollar amount, Oro Valley shall provide notice of the approved change order to the applicable Party(ies) for review. The applicable Party(ies) shall have the right to reject any change order outside of the scope of the Project’s final design plans and to refuse payment for it. 5.8.5.I.4. Notwithstanding subsection 5.8.5.I.2, if Oro Valley determines that a change order involves a safety issue, an emergency, or that allowing time for consideration of the change order at a meeting would cause a significant increase in costs associated with the change order, Oro Valley may authorize the change order prior to the meeting and shall notify the Parties of the change order as soon as practicable. J. The Project Manager shall maintain records, documents, plans and information directly or indirectly pertinent to the performance of the Construction Work under this IGA in accordance with applicable Arizona records retention schedules. The Parties shall have access to all records for the purpose of inspection, audit and copying during normal business hours for as long as the records are maintained. 5.8.6. Provide project inspection services on behalf of the Parties to include the following: A. Inspection services will be performed by the Project Inspector or its agent. B. Other types of inspection services will include special inspections for geotechnical work, reinforcing steel grade and placement, certification 00076451.DOCX /1 9 of concrete strength, etc. Costs for inspection services will be shared equally between Parties. C. It is understood that the other Parties’ in-house inspection, engineering, or project management staff or their representatives may visit the Project site from time to time. At no time are the Parties’ staff other than the Project Inspector or Project Manager permitted to provide direction to the Project Contractor or the Project Contractor’s agents. All Project concerns shall be brought to the attention of the Project Inspector or Project Manager for discussion and resolution. 5.8.7. Notwithstanding anything to the contrary in this IGA, if Oro Valley determines that any issue during the construction of the Project involves a safety issue or an emergency, as determined by Oro Valley in its reasonable discretion, Oro Valley may take action to address such issue. Such action will be reported to the Authorized Representative for each Party in a timely manner. 5.8.8. Provide Sealed As-Built files in electronic PDF form to MDWID and Marana upon completion of the work. 5.8.9 Provide Parties with Operations and Maintenance Manuals (hard and electronic), any spare parts as specified in the specification and field training as specified in the contract documents. 5.8.10 Provide Parties with copies of all reports necessary for Parties to obtain PCDEQ “Approval of Construction” certification. 6. Commissioning of Facility. 6.1. The startup and commissioning of the Parties’ facilities shall be scheduled by the Project Manager and respective Party. The Project Manager will coordinate the startup date and time with the Project Contractor. 7. Warranty. 7.1. The project warranty shall remain in effect until the second anniversary of final payment to the Project Contractor. Warranty claims with respect to the Parties’ facilities constructed under this IGA shall be made in writing to the Project Manager. A representative of the affected Party shall work closely with the Project Manager to ensure that warranty work meets the performance standard of the contract documents. 8. Term and Withdrawal. 00076451.DOCX /1 10 8.1. This IGA shall become effective once fully executed and shall continue in effect until the second anniversary of final payment to the Project Contractor. Oro Valley will record the fully executed original with the office of the Pima County Recorder. 8.2. The Parties may terminate this IGA at any time by providing a Notice of Withdrawal, as defined under Definition 6 of this IGA, to all Parties 8.3. Upon ninety (90) days’ written notice, a Party may withdraw from this IGA subject to the following. 8.3.1 Notwithstanding anything to the contrary in this IGA, (i) if a Party, at the sole discretion of the Party, withdraws from this IGA prior to the award of the construction contract, the Party shall be responsible for any and all additional costs related to the revised and modified aggregation of the design plans and specifications of the Partnered water facility construction as described in Section 2 and Exhibits A, B and C; and (ii) if a Party withdraws from this IGA after the award of the construction contract the withdrawing Party shall be responsible for the completion of its respective infrastructure construction as described in Section 2 and Exhibits A, B and C. Any party withdrawing from this IGA pursuant to Section 8.3 shall be obligated to pay for its share of all costs due from such Party during the period in which it participated in this IGA even if such costs or expenses are allocated after the effective date of the Party’s withdrawal. 8.4. Each Party’s obligation’s shall survive the termination of this IGA. 9. Construction of this IGA 9.1 Entire Agreement. This instrument constitutes the entire agreement between the Parties pertaining to the subject matter of this IGA. 9.2. Exhibits. Any exhibits to this IGA are incorporated in this IGA by this reference. 9.3. Amendment. This IGA may be modified, amended, altered, or changed only by written agreement signed by all Parties. 9.4. Construction and interpretation. All provisions of this IGA shall be construed to be consistent with the intention of the Parties as expressed in the Recitals section of this IGA. 9.5. Severability. A declaration by statute or judicial decision that any provision of this IGA is invalid or void shall have no effect on other provisions that can be given effect without the invalid or void provision, and to this extent the provisions of this IGA are severable. 00076451.DOCX /1 11 If any provision of this IGA is declared invalid or void, the Parties agree to meet promptly in an attempt to reach an agreement on a substitute provision. 9.6. Conflict of interest. This IGA is subject to the provisions of A.R.S. § 38-511, which provides for cancelation in certain instances involving conflicts of interest. 10. Legal Jurisdiction. Nothing in this IGA shall be construed as either limiting or extending the legal jurisdiction of the Parties. 11. No Joint Venture. It is not intended by this IGA to, and nothing contained in this IGA shall be construed to, create any partnership, joint venture or employment relationship between the Parties or create any employer-employee relationship between one Party and another Party’s employees. Except as expressly set forth in this IGA, no Party shall be liable for any debts, accounts, obligations, or other liabilities whatsoever of another Party, including (without limitation) another Party’s obligation to withhold Social Security and income taxes for itself or any of its employees. 12. No Third-Party Beneficiaries. Nothing in the provisions of this IGA is intended to create duties or obligations to or rights in third parties not parties to this IGA or to affect the legal liability of either Party by imposing any standard of care different from the standard of care imposed by law. 13. Compliance with Laws. The Parties shall comply with all applicable federal, state, and local laws, rules, regulations, standards, and executive orders, without limitation to those designated within this IGA. 13.1. Anti-Discrimination. The provisions of A.R.S. § 41-1463 and Executive Order Number 99-4 issued by the Governor of the State of Arizona are incorporated by this reference as a part of this IGA. 13.2. Americans with Disabilities Act. This IGA is subject to all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and all applicable federal regulations under the Act, including 28 CFR Parts 35 and 36. 13.3. Workers’ Compensation. An employee of either Party shall be deemed to be an “employee” of both public agencies, while performing pursuant to this IGA, for purposes of A.R.S. § 23-1022 and the Arizona Workers’ Compensation laws. The primary employer shall be solely liable for any workers’ compensation benefits, which may accrue. Each Party shall post a notice pursuant to the provisions of A.R.S. § 23-1022(E) in substantially the following form: All employees are hereby further notified that they may be required to work under the jurisdiction or control or within the jurisdictional boundaries of another public agency pursuant to an intergovernmental agreement or contract, and under such circumstances they are deemed by the laws of Arizona to be employees of both public agencies for the 00076451.DOCX /1 12 purposes of workers’ compensation. 14. Insurance 14.1 Unless otherwise specified by the NWRRDS Committee pursuant to Section 14.2, Oro Valley shall require any party performing Design and Construction Work to procure and maintain in force during the performance of Design and Construction Work all required Insurance as set forth in Exhibit D. Any required general liability policy required hereunder shall name the Parties as additional insureds. Proof of insurance satisfactory to Oro Valley shall be submitted to Oro Valley before any Design and Construction Work commences. 14.2 The NWRRDS Committee may, at any time, increase the policy limits and/or determine appropriate deductibles or retentions. Action by the NWRRDS Committee shall be by vote in accordance with Section 6.6 of the Original IGA. In the event the NWRRDS Committee is unable to agree upon any insurance matters, Oro Valley, pending the resolution of such disagreement, may procure or cause to be procured, such policies of insurance as in its best judgment are necessary and required to protect the Parties. 14.3 Oro Valley, as the lead agency with respect to this IGA, shall include each Party as an additional insured on Oro Valley’s insurance policy during the term of this IGA. 15. Waiver. Waiver by any Party of any breach of any term, covenant or condition of this IGA shall not be deemed a waiver of any other term, covenant or condition, or any subsequent breach of the same or any other term, covenant, or condition of this IGA. 16. Force Majeure. A Party shall not be considered in default under this IGA (other than obligations of said Party to pay costs and expenses) when a failure of performance is due to a Force Majeure Event. 17. Authorization and Approvals. 17.1. Each Party shall be responsible for obtaining, at its own expense, any authorizations and approvals required for its participation or its performance under this IGA, and each Party shall keep the other Parties informed of its applications therefor and authorizations issued in connection therewith. 17.2. A Party’s failure to make sufficient appropriations to contribute its share of costs in accordance with this IGA will be treated as a Notice of Withdrawal by that Party. 00076451.DOCX /1 13 18. Governing Law; Disputes 18.1. This IGA shall be governed by the laws of the State of Arizona. 18.2. If there is a dispute between the Parties arising under this IGA, the Parties agree that they shall first attempt to resolve the dispute by working together in good faith to come to a consensus. If that fails, the Parties agree that they shall take a vote on the disputed issue through their Authorized Representatives with each Party having one vote and the issue being decided by a majority of the votes. Any Party that brings a lawsuit against another Party or Parties and that does not prevail, shall pay all fees and courts costs, including attorneys' fees, incurred by the other Party or Parties (as applicable) to this IGA in that lawsuit. 19. Actions Pending Resolution of Disputes 19.1 Pending the resolution of a dispute pursuant to Section 18, the Project Manager shall proceed with Construction Work in a manner consistent with this IGA and generally accepted accounting and engineering practices, and all Parties shall make the payments required to perform such Construction Work in accordance with this IGA. Amounts paid by the Parties pursuant to Section 19 during the pendency of such dispute shall not be subject to refund except upon a final determination that the expenditures were not made in a manner consistent with this IGA and generally accepted accounting and engineering practices. 20. Notices 20.1 Except as set forth in Section 18.2, any notice, demand or request provided for in this IGA shall be in writing and shall be deemed properly served, given or made if delivered in person or sent by registered or certified mail, postage prepaid, to the persons specified below: A. Informal communications of a routine nature involving NWRRDS Committee matters shall be made in such manner as the NWRRDS Committee shall arrange. B. Any Party may, at any time, by notice to all other Party, designate different or additional persons or different addresses for the giving of notices hereunder. 00076451.DOCX /1 14 Town of Oro Valley Water Utility: 11000 N. La Cañada Dr. Oro Valley, AZ 85737 Attn: Director of Oro Valley Water Utility Town of Marana: Office of the Town Clerk 11555 W. Civic Center Dr. Marana, AZ 85653 Attn: Director of Town of Marana Water Department Metropolitan Domestic Water Improvement District: 6265 N La Cañada Drive Tucson Arizona, 85704 Attn: General Manager 00076451.DOCX /1 15 TOWN OF MARANA Ed Honea, Mayor Date: _______________________ ATTEST Town Clerk Date: ______________________ 00076451.DOCX /1 16 METROPOLITIAN DOMESTIC WATER IMPROVEMENT DISTRICT Judy Scrivener, Chair of the Board Date: _______________________ ATTEST Clerk of the Board Date: _______________________ 00076451.DOCX /1 17 TOWN OF ORO VALLEY Joseph Winfield, Mayor Date: _______________________ ATTEST Michael Standish, Town Clerk Date: _______________________ 00076451.DOCX /1 18 INTERGOVERNMENTAL AGREEMENT DETERMINATION The foregoing intergovernmental agreement among the METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT, the TOWN OF MARANA, and the TOWN OF ORO VALLEY has been reviewed pursuant to A.R.S. § 11-952 by the undersigned, who have determined that it is in proper form and is within the powers and authority granted under the laws of the State of Arizona to the Party to this intergovernmental agreement represented by the undersigned. METROPOLITAN DOMESTIC WATER IMPROVEMENT DISTRICT: Legal Counsel Date: __________________ TOWN OF MARANA: Jane Fairall Town Attorney Date: __________________ TOWN OF ORO VALLEY: Tobin Sidles Oro Valley Legal Services Director Date: __________________ 00076451.DOCX /1 19 Exhibit “A” “MDWID” General Arrangement 00076451.DOCX /1 20 Exhibit “B” “Marana” General Arrangement 00076451.DOCX /1 21 Exhibit “C” “Oro Valley” General Arrangement 00076451.DOCX /1 22 Exhibit “D” Construction Insurance Requirements D.1. General Terms. Contractor shall not commence work under the Construction Agreement until Contractor (i) has obtained at its expense all insurance required and (ii) has given the Project Manager a Certificate of Liability Insurance evidencing the type, amount, coverage, effective dates, and dates of expiration of the required policies and identifying Parties as additional insureds, loss payees and certificate holders, as applicable. The insurance policies shall be issued by an insurance company acceptable to the Project Manager and lawfully authorized to do business in the State of Arizona. All insurance policies required, other than Worker’s Compensation and Employer’s Liability, shall name all Parties as additional insureds and loss payees, as applicable, on a primary, non-contributory basis, irrespective of any such insurance that all Parties might carry on their own behalf. All insurance policies required shall provide that the policies will not be subject to cancellation, termination, or modification except after thirty (30) days prior written notice to the Project Manager and shall provide for waiver of subrogation against all Parties. Such required coverage shall remain in effect until the later of (i) final payment for the work under the Construction Agreement or (ii) termination of the Construction Agreement. D.2. Coverage. The Contractor shall purchase and maintain the following coverage during the term of the Construction Agreement: D.2.1. Commercial General Liability for claims of damage for bodily injury, accidental death, property damage, premises/operations (including fire, theft, vandalism, falsework, temporary buildings and debris removal), explosion/collapse, independent contractors, products/completed operations, contractual liability, personal injury and advertising liability and underground special hazards (including (i) injury to or destruction of wire, conduits, gas, water and petroleum pipes, electric, telephone, telegraph and signal cables, sewers, drains or any apparatus in connection therewith or any other matter, below the surface of the ground, arising from and during the use of mechanical equipment for the purpose of excavating or drilling or boring in streets or highways or otherwise; or injury to or destruction of property at any time resulting therefrom and (ii) liability arising out of collapse of or structural injury to any building, street or structure due to excavation, tunneling, pile driving, trenching, jacking, boring or moving, shoring, underpinning, raising or demolition of any building or structure or removal or rebuilding of any structural support thereof), on an occurrence basis with limits of liability not less than the following: General Aggregate $2,000,000 Each Occurrence $1,000,000 Fire Damage (any one fire) $50,000 Medical Expenses (any one person) $5,000 D.2.1.1. Automobile Liability for any Auto, Combined Single Limit (per occurrence) with $2,000,000 limits. 00076451.DOCX /1 23 D.2.1.2. Worker’s Compensation and Employer’s Liability at the current Arizona statutory minimums. D.2.1.3. Excess or Umbrella Liability Insurance. In the event Contractor does not have coverage with the above minimum limits, Contractor may obtain such coverage through an Excess or Umbrella Liability Policy. Consultant Insurance Requirements D.3. General Terms. CONSULTANT shall not commence work under this Agreement until CONSULTANT (i) has obtained at its expense all insurance required under this Section and has given the Project Manager a Certificate of Liability Insurance (ACCORD form or equivalent approved by the Project Manager) evidencing the type, amount, coverage, effective dates and dates of expiration of the required policies and identifying The Town of Oro Valley as an additional named insured. The insurance policies shall be issued by a Standard & Poor’s secure rated insurance company reasonably acceptable to The Town of Oro Valley and lawfully authorized to do business in the State of Arizona. All insurance policies required under this Section, other than Worker’s Compensation and Employer’s Liability and Professional Liability, shall name The Town of Oro Valley as an additional insured on a primary, non-contributory basis, irrespective of any such insurance that Oro Valley might carry on its own behalf. CONSULTANT shall provide a copy of the actual additional insured coverage policy endorsement to the Project Manager. The Town of Oro Valley shall be named as certificate holder on CONSULTANT’S Professional Liability insurance policy. All insurance required under this Section shall provide that the policies will not be subject to cancellation, termination or modification except after thirty (30) days prior written notice to the Project Manager and shall provide for waiver of subrogation against The Town of Oro Valley. All such insurance required under this Section shall remain in effect until the later of (i) final payment for the work under this Agreement or (ii) termination of this Agreement. D.4. Coverage. CONSULTANT shall purchase and maintain the following coverage during the term of the Agreement: D.4.1. Commercial General Liability for claims of damage for bodily injury, accidental death, property damage, premises/operations, independent contractors, products/completed operations, contractual liability, personal injury and advertising liability written on an occurrence basis with limits of liability not less than the following: General Aggregate $2,000,000 Each Occurrence $1,000,000 Fire Damage (any one fire) $ 50,000 Medical Expense (any one person) $ 5,000 D.4.2 Automobile Liability for Any Auto, Combined Single Limit (per occurrence) with $2,000,000 limits; 00076451.DOCX /1 24 D.4.3 Worker’s Compensation and Employer’s Liability at the current Arizona statutory minimums; and D.4.4 Professional Liability at $2,000,000 per claim. D.4.5 In the event CONSULTANT does not have coverage with above minimum limits, CONSULTANT may obtain such coverage through an Excess or Umbrella Liability policy. 00076451.DOCX /1 25 Exhibit “E” “Fee Estimate”    Water Utility Commission 4. Meeting Date:10/11/2021   Submitted By:Danielle Tanner, Water SUBJECT: UPDATE AND DISCUSSION ON ORO VALLEY TOWN CODE CHAPTER 15 WATER CODE AMENDMENT (P. ABRAHAM) RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: Discussion only. Attachments Item 4 - Town Code Chapter 15 Water Code  Item 4 - Presentation on Town Code Chapter 15 Water Code  D R A F T Final Draft D R A F T 1 Article 15-1 TITLE, INTENT AND PURPOSE, DEFINITIONS Sections: 15-1-1 Title 15-1-2 Intent and Purpose 15-1-3 Definitions 15-1-1 Title This code shall be known as and shall be entitled the Water Code of the Town of Oro Valley. Sections 15- 1-2 through 15-23-17 apply to the water utility and are referred to as the Water Utility Code. Article 15- 24 applies to stormwater which is under the Public Works Department, and is referred to as the Stormwater Code. ((O)07-41, Amended, 11/07/2007; 96-13, Enacted, 03/25/1996) 15-1-2 Intent and Purpose It is the intent and purpose of the Oro Valley Town Council, by adopting this Water Utility Code, to promote the health, safety, order, and general welfare of the present and future inhabitants of the Town; and those served by Town utilities outside the Town boundaries, and specifically to: A. Provide for safe and reliable water utility service to the inhabitants of the Town and those served outside the Town boundaries; B. Provide for the financial integrity of the Town water utility; C. Protect the health, safety and welfare of the inhabitants of the Town and those persons served by a Town utility outside the Town boundaries; D. Manage the water resources of the Town to protect the existing inhabitants of the Town and those served by a Town utility outside the Town boundaries, inhabitants of the Town and those served by a Town utility outside the Town boundaries, and to facilitate the economic development of the Town; E. Develop water resources for the benefit of those served by a Town utility; F. Provide for the expansion and improvement to the Town’s water utility system(s); and G. Secure economy in municipal expenditures and facilitate adequate provision of water system capacity and improvement. (96-13, Enacted, 03/25/1996) 15-1-3 Definitions In this Water Utility Code, unless the context otherwise requires, the following definitions shall apply: “Applicant” means a person requesting the Town to supply water service. “Application” means a request to the Town for water service or service area inclusion, as distinguished from an inquiry as to the availability or charge for such service or inclusion. D R A F T Final Draft D R A F T 2 “COMMERCIAL” MEANS A WATER USE CLASSFICATION THAT IS NON-RESIDENTIAL. A COMMERCIAL CLASSIFICATION IS USED TO IDENTIFY RETAIL, RESEARCH AND SERVICE ORIENTED BUSINESSES, RESTAURANTS, CHURCHES, INDUSTRIAL FACILITIES, PUBLIC INSTITUTIONS INCLUDING SCHOOLS AND GOVERNMENT AGENCIES. “Commodity charge” means the unit cost of billed usage, as set forth in the water rates and charges as adopted by Council resolution. “Contributions in aid of construction” means funds provided to the Town water utility by the applicant under the terms of a main extension agreement and/or service connection agreement the value of which are not refundable. “Curtailment” means the reduction of all or part of water services due to action by the Town Council or the Water Utility Director in response to a particular situation. “Customer” means the person or entity in whose name service is rendered, as evidenced by the name on the application or contractor for that service, or by the receipt and/or payment of bills regularly issued in his name regardless of the identity of the actual user of the water service. “Director of Water Utility” or “Water Utility Director,” for the purposes of this document, refers to the current or acting Water Utility Director, or his/her authorized representative. “Distribution main” means a water main of the Town water utility from which service connections may be extended to customers. “Main extension” means the mains and ancillary equipment necessary to extend the existing water distribution system to provide service to additional customers. “Master meter” means a meter for measuring or recording the flow of water at a single location where said water is transported through piping system to tenants or occupants for their individual consumption. “Meter” means the instrument for measuring and indicating or recording the volume of water that has passed through it from a point of delivery. “Meter tampering” means a situation where a meter has been illegally altered. Common examples are meter bypassing, use of magnets to slow the meter recording, broken meter seals, and destruction of equipment by unauthorized removal or attempted removal of a locking device. “Minimum charge” means the amount the customer must pay on a monthly basis for the availability of water service. “MULTI-FAMILY RESIDENTIAL” MEANS A WATER USE CLASSIFICATION FOR MASTER METERED RESIDENTIAL UNITS INCLUDING APARTMENTS, CONDOMINIUMS, AND GROUP LIVING FACILITIES, INCLUDING ASSISTED LIVING FACILITIES. “Person” means any individual, partnership, corporation, governmental agency, or other organization operating as a single entity. “Point of delivery” means the point where facilities owned, leased, or under license by a customer connect to the Town water utility’s pipes or at the outlet side of the meter. “RECURRING” MEANS AN EVENT THAT IS HAPPENING OR OCCURING FREQUENTLY, WITH REPETITION. D R A F T Final Draft D R A F T 3 “Service line” means a water line that transports water from a common source (normally a distribution main) of supply to the customer’s point of delivery. “Premises” means all of the real property and apparatus employed by a single enterprise on an integral parcel of land undivided by public streets, alleys, or other rights-of-way or easements. “Reclaimed water” means that water which originates from a reclaimed water facility and is distributed through the Town of Oro Valley’s reclaimed water distribution system for the express purpose of non- potable uses such as irrigation of turf and landscaping. For other definitions relative to reclaimed water, see Section 15-15-9. “RESIDENTIAL” MEANS A WATER USE CLASSIFICATION FOR SINGLE FAMILY HOMES THAT ARE INDIVIDUALLY METERED. THIS CLASSIFICATION ALSO INCLUDES PATIO HOMES, TOWNHOUSES AND CONDOMINIUMS THAT ARE INDIVIDUALLY METERED. “Service line” means a water line that transports water from a common source (normally a distribution main) of supply to the customer’s point of delivery. “System” means the Town of Oro Valley Water Utility, including all personal and real property. “WASTING WATER” MEANS INTENTIONALLY OR KNOWINGLY ALLOWING WATER TO ESCAPE, FLOW OR LEAK OFF OF PRIVATE PROPERTY ONTO ANOTHER PERSON’S PROPERTY OR ONTO PUBLIC PROPERTY; APPLYING LANDSCAPE WATER THROUGH COMPROMISED IRRIGATION SYSTEMS THAT ARE BROKEN OR LEAKING; FAILING TO REPAIR A CONTROLLABLE LEAK WITHIN A SPECIFIED TIME. SEE SECTION 15-18-3. ((O)07-41, Amended, 11/07/2007; 03-31, Amended, 10/01/2003; 96-13, Enacted, 03/25/1996) D R A F T Final Draft D R A F T 4 Article 15-18 WATER CONSERVATION Sections: 15-18-1 Purpose AND INTENT 15-18-2 Declaration of Policy 15-18-3 Water Conservation Compliance REQUIREMENTS – WASTING WATER PROHIBITED 15-18-4 Restricts During RESTRICTIONS - TOWN DECLARED Potable Water Shortages 15-18-5 Termination of Water Service for Violation 15-18-7 5 Penalties, VIOLATIONS AND INFORCEMENT 15-18 6 Variance 15-18 7 Penalties 15-18-8 Public Notifications 15-18-9 Disclaimer 15-18-10 Residential Rainwater Harvesting 15-18-11 Rainwater Harvesting for Commercial and Master Subdivision Development Projects 15-18-12 Graywater Use 15-18-1 Purpose AND INTENT The Town of Oro Valley has enacted an ordinance requiring water conservation at a local level. THE INTENT OF THIS ORDINANCE IS TO CONSERVE AND PROTECT THE TOWN’S HIGH QUALITY, SAFE AND RELIABLE WATER SUPPLY FOR THE CURRENT AND FUTURE NEEDS OF THE COMMUNITY. It is recognized that water conservation is also a regional issue that should be addressed in cooperation with other jurisdictions and water providers. The Town will cooperate with all water providers serving Oro Valley to develop a region-wide conservation plan with the focus on encouraging customers to minimize water usage and to utilize water more efficiently. Furthermore, because of the arid conditions present in the area, it is the policy of the Town of Oro Valley to encourage its water users to always conserve water voluntarily to the maximum extent practicable. WASTING WATER RESULTS IN THE LOSS OF A VALUABLE RESOURCE AND IS IN CONFLICT WITH WATER CONSERVATION EFFORTS. The Town of Oro Valley deems it necessary to establish policies, rules, regulations, penalties and plans for water conservation within the Town to be implemented by Oro Valley Water Utility customers during NORMAL OPERATIONS AND IN THE EVENT OF water shortages DECLARED BY THE TOWN as defined herein. (03-07, Amended, 03/05/2003) 15-18-2 Declaration of Policy It is hereby declared that, because of the water shortage conditions experienced in WATER RESOURCES ARE IMPORTANT TO THE SUSTAINABILITY OF the Town of Oro Valley, the general welfare requires that all the water resources available to the Town be put to the maximum beneficial use to the extent to which they are capable, and that waste, excessive use, or unreasonable method of use of water be prevented, and that conservation of water be exercised in the interests of the Town of Oro Valley and for the public welfare. (03-07, Added, 03/05/2003) 15-18-3 Water Conservation Compliance REQUIREMENTS - WASTING WATER PROHIBITED WATER CONSERVATION INCREASES THE TOWN’S ABILITY TO MEET THE LONG-TERM NEEDS OF THE COMMUNITY. It shall be unlawful AT ANY TIME for any customer of the Town of Oro Valley Water Utility D R A F T Final Draft D R A F T 5 to knowingly make, cause, use or permit the use of water provided by the Town for residential, commercial, industrial, agricultural, irrigation or any other purpose in a manner contrary to any provisions of this Code, or in an amount in excess of that use permitted under any Resource Status Level declared in accordance with this Code. A. NO PERSON OR ORGANIZATION SHALL KNOWINGLY WASTE WATER AT ANY TIME. THE FOLLOWING USES ARE CONSIDERED WASTING WATER AND ARE PROHIBITED: 1. RECURRENCE OF ESCAPING WATER FROM ANY PREMISES OR PRIVATE PROPERTY ONTO PUBLIC PROPERTY SUCH AS A GUTTER, STREET, SIDEWALK OR RIGHT-OF-WAY OR UPON ANY OTHER PERSON’S PROPERTY. EXCEPTIONS ARE PERMITTED THROUGH THE SANITARY SEWER FOR MONITORED DISCHARGE, SUCH AS DRAINING OF SWIMMING POOLS, IN COMPLIANCE WITH ARTICLE 15-24-14 STORMWATER MANAGEMENT AND DISCHARGE CONTROL. 2. USING WATER FOR WASHING DRIVEWAYS, SIDEWALKS, PARKING AREAS, OR OTHER IMPERVIOUS SURFACE AREAS WITH AN OPEN HOSE, OR WITH A SPRAY NOZZLE ATTACHED TO AN OPEN HOSE, OR UNDER REGULAR OR SYSTEM PRESSURE, EXCEPT WHEN REQUIRED TO ELIMINATE CONDITIONS THAT THREATEN THE PUBLIC HEALTH, SAFETY OR WELFARE. THIS RESTRICTION DOES NOT APPLY TO RESIDENTIAL OR MULTI-FAMILY RESIDENTIAL CUSTOMERS 3. THE RECURRING APPLICATION OF LANDSCAPE WATER IN SUCH A MANNER, RATE AND/OR QUANTITY THAT IT OVERFLOWS THE LANDSCAPED AREA BEING WATERED AND RUNS ONTO ADJACENT PROPERTY OR PUBLIC RIGHT-OF-WAY. 4. FAILING TO REPAIR A MANAGEABLE LEAK, INCLUDING A BROKEN OR LEAKING IRRIGATION COMPONENT OR BACKFLOW PREVENTION DEVICE WITHIN THREE WEEKS OF NOTIFICATION. 5. OPERATING A MISTING SYSTEM OUTSIDE OF THE OPERATOR’S NORMAL BUSINESS HOURS IN AN UNOCCUPIED NON-RESIDENTIAL AREAS. 6. FAILURE TO COMPLY WITH RESTRICTIONS DURING TOWN DECLARED POTABLE WATER SHORTAGES AS DESCRIBED IN SECTION 15-8-4. (03-07, Added, 03/05/2003) 15-18-4 Restricts RESTRICTIONS during TOWN DECLARED Potable Water Shortages To determine the need to impose restrictions, the following procedures shall be implemented during potential TOWN DECLARED potable water shortage conditions: A. DURING A PERIOD OF TOWN DECLARED POTABLE WATER SHORTAGE, the Water Utility Director, or a designated representative, shall project the supply and demand for water on a daily basis and shall advise the Town Manager on the extent of the use reduction required through the implementation and/or termination of a particular WATER CONSERVATION WATER RESTRICTION in order for the Water Utility to prudently plan for and supply water. B. The Town Manager, upon the recommendation of the Water Utility Director, or a designated representative, is hereby authorized to declare a Water Conservation WATER RESTRICTION in conformity with and based upon the Resource Status Levels set forth herein. D R A F T Final Draft D R A F T 6 C. Safe production capability is defined as ninety percent (90%) of the total available water system capacity (calculated over a 24-hour period), based upon distribution components, storage reserves, and weather conditions. D. Such declaration may designate the entire area served by the Oro Valley Water Utility, or a portion or portions of the service area as affected, in the event the shortage is not system-wide. E. Priority for potable water demand shall be designated as follows: Highest Priority - Residential indoor domestic use and fire protection. Second Highest Priority - Commercial/Institutional/Industrial uses. Third Highest Priority - Public and private landscape irrigation sites, including golf courses, athletic fields and parks. Lowest Priority - Other uses such as main flushing, street cleaning, pool filling SWIMMING POOLS, decorative facilities. Note: Per Arizona Administrative Code Title 18; Chapter 5; Note 1. Only a certified operator can make a decision about process control or system integrity regarding water quality or water quantity that affects public health; however, an administrator who is not a certified operator can make a planning decision regarding water quality or water quantity as long as the decision is not a direct operational process control or system integrity decision that affects public health. A certified operator will report supply conditions to the Water Utility Director, or a designated representative. F. The following Resource Status Levels are hereby prescribed: 1. Resource Status Level I: Periods when water demand is equal to safe production capability. 2. Resource Status Level II: Periods when water demand is greater than safe production capability for three (3) consecutive days. 3. Resource Status Level III: Periods when water demand is greater than safe production capability for two (2) consecutive weeks. 4. Resource Status Level IV: Periods when water demand exceeds total production capability. G. The following Water Conservation Levels shall govern the use of water by customers of the Oro Valley Water Utility, as prescribed below: 1. Water Conservation Level I: Voluntary Water Reductions. Water Conservation Level I shall be imposed when water demand is classified as Resource Status Level I. Water users shall be requested to voluntarily reduce water used for irrigation, vehicle and pavement washing, construction and other water consuming activities. Irrigation is defined as the application of water to residential lawns, landscaping, commercial and industrial turf areas (including golf courses), parks, and medians. 2. Water Conservation Level II: Water Restrictions. Water Conservation Level II shall be imposed when water demand is classified as Resource Status Level II. The following water uses shall be restricted or prohibited. No person shall: a. Wash vehicles unless a bucket and hose with a positive cutoff nozzle is used. No restrictions shall apply to commercial car washes. b. Wash paved areas as drives, sidewalks, or tennis courts; except reasons of health or safety. D R A F T Final Draft D R A F T 7 c. Continue normal irrigation practices. Potable water supply for irrigation of golf courses and large turf areas shall be reduced by 10%. Further reductions in irrigation use along with time restrictions may be imposed. Operations personnel shall recommend appropriate actions to balance the system to the Water Utility Director. No restrictions shall apply if treated effluent/reclaimed water is used. d. Use ornamental or public fountains and outdoor misting systems. e. Use water from a fire hydrant from 6:00 a.m. to 10:00 a.m. for construction water unless provided written approval of the Water Utility Director and Town Fire Marshall; and except for such use associated with firefighting activities. 3. Water Conservation Level III: Water RESTRICTIONS Emergency. Water Conservation Level III shall be imposed when water demand is classified as Resource Status Level III. In addition to the restrictions set forth in Section 15-18-4.F.2 above, the following water uses are further restricted or prohibited. No person shall: a. Fill or refill swimming pools, spas or wading pools unless for public health, safety or welfare. b. Potable water supply for irrigation golf courses and large turf areas shall be reduced by up to AN ADDITIONAL 50%. Further reductions in irrigation use along with time restrictions may be imposed. No restrictions shall apply if treated effluent/reclaimed water is used. c. Wash vehicles, paved areas, or use fire hydrants on a non-emergency basis without written approval of the Water Utility Director and the Town Fire Marshall. No restrictions shall apply to vehicles that must be washed for public health, safety or welfare, or to commercial car washes. d. Irrigate outdoors other than between the hours of 6:00 p.m. to 10:00 p.m. and 4:00 a.m. to 8:00 a.m. on Monday and Thursday for even-numbered street addresses and for odd-numbered street addresses and all others at these same times on Tuesday and Friday. No restrictions shall apply if treated effluent/reclaimed water is used. 4. Water Conservation Level IV: Water RESTRICTIONS CRISIS. Water Conservation Level IV shall be imposed when water demand is classified as Resource Status Level IV. The following water users shall be restricted or prohibited. No person shall: a. Do any of the acts prescribed in Section 15-18-4.F.2-3 above. b. Use any potable water for irrigation. c. Use fire hydrants, wash pavements, fill or refill SWIMMING pools, spas, outdoor misting systems or fountains unless for public health, safety or welfare. d. Use potable water for dust control on public or private streets or capital improvement projects. Includes all construction water. e. Use potable water in violation of any other restriction deemed necessary by the Mayor and Town Council for the purpose of protecting the health & welfare of the citizens of the Town of Oro Valley. f. No restrictions shall apply if treated effluent/reclaimed water is used. FAILURE TO COMPLY WITH WATER CONSERVATION LEVELS II – IV DURING A DECLARED POTABLE WATER SHORTAGE MAY RESULT IN PENALTIES AS DESCRIBED IN SECTIONS 15-8-5 B. D R A F T Final Draft D R A F T 8 15-18-6 5 Penalties, VIOLATIONS AND ENFORCEMENT A. PENALTIES FOR FAILURE TO COMPLY WITH WATER CONSERVATION REQUIREMENTS – WATER WASTING. 1. FOR A FIRST VIOLATION THE UTILITY SHALL ISSUE A WRITTEN “FIRST NOTICE OF VIOLATION” AND PROVIDE EDUCATIONAL MATERIALS ON WATER CONSERVATION, INCLUDING A COPY OF THE RELEVANT PROVISIONS OF THIS CHAPTER, BY MAIL TO THE SERVICE ADDRESS. THE UTILITY SHALL GIVE THE CUSTOMER THREE WEEKS FROM THE DATE OF THE WRITTEN NOTIFICATION TO CORRECT THE VIOLATION. 2. FAILURE TO CORRECT THE VIOLATION IDENTIFIED IN THE WRITTEN “FIRST NOTICE OF VIOLATION” WILL RESULT IN A WRITTEN “SECOND NOTICE OF VIOLATION” WITH REFERENCE TO THE PREVIOUS VIOLATION AND POSSIBILITY OF FUTURE ACTIONS INCLUDING FINES AND DISCONTINUED WATER SERVICE. NOTIFICAITON WILL BE SENT BY MAIL TO THE SERVICE ADDRESS AND AN ATTEMPT TO CONTACT THE CUSTOMER OF RECORD VIA TELEPHONE. THE UTILITY SHALL GIVE THE WATER CUSTOMER THREE WEEKS FROM THE DATE OF THE SECOND WRITTEN NOTIFICATION TO CORRECT THE VIOLATION. 3. FAILURE TO CORRECT THE VIOLATION IDENTIFIED IN THE WRITTEN “SECOND NOTICE OF VIOLATION” WILL RESULT IN A WRITTEN “THIRD NOTICE OF VIOLATION” DELIVERED BY CERTIFIED MAIL. ADDITIONALLY, A ONE HUNDRED DOLLAR ($100) FINE WILL BE IMPOSED. THE FINE SHALL BE ADDED TO THE CUSTOMER’S ACCOUNT. FAILURE TO PAY ANY PORTION OF A CUSTOMER’S ACCOUNT, INCLUDING ANY FINES IMPOSED PURSUANT TO THIS SECTION, SHALL SUBJECT SAID ACCOUNT TO TERMINATION OF WATER SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. THE UTILITY SHALL GIVE THE WATER CUSTOMER THREE WEEKS FROM THE DATE OF THE THIRD WRITTEN NOTIFICATION TO CORRECT THE VIOLATION. 4. FAILURE TO CORRECT THE VIOLATION IDENTIFIED IN THE WRITTEN “THIRD NOTICE OF VIOLATION” WILL RESULT IN A WRITTEN “FOURTH OR SUBSEQUENT NOTICE OF VIOLATION” DELIVERED BY CERTIFIED MAIL. ADDITIONALLY, THE UTILITY SHALL IMPOSE A FINE EQUAL TO TWICE THE AVERAGE MONTHLY BILLING FOR THE IMMEDIATELY PRECEDING SIX-MONTH PERIOD FOR THE METER THROUGH WHICH THE WATER WAS SUPPLIED. THIS FINE SHALL BE APPLIED EVERY MONTH CORRECTIVE ACTION IS NOT TAKEN. THE FINE SHALL BE ADDED TO THE CUSTOMER’S ACCOUNT. FAILURE TO PAY ANY PORTION OF A CUSTOMER’S ACCOUNT, INCLUDING ANY FINES IMPOSED PURSUANT TO THIS SECTION, SHALL SUBJECT SAID ACCOUNT TO TERMINATION OF WATER SERVICE IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. B. PENALTIES FOR FAILURE TO COMPLY WITH WATER CONSERVATION LEVELS II – IV DURING A TOWN DECLARED POTABLE WATER SHORTAGE (03-07, Added, 03/05/2003) D R A F T Final Draft D R A F T 9 1. Termination of Water Service for Violation. FAILURE TO COMPLY WITH ANY WATER CONSERVATION WATER RESTRICTION pertaining to water use or misuse, the Water Utility Director, or a designated representative, shall have authority to take actions, including mandatory measures up to and including disconnection of service, and other such enforcement actions as are required or deemed necessary to assure compliance with the WATER RESTRICTIONS SPECIFIED IN WATER CONSERVATION LEVELS II - IV. In notification of such a violation, a written notice shall be placed on the property where the violation occurred; and a duplicate shall be mailed to the billing account address for the service where the violation occurs, and to any other person known to the Water Utility who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, caused or abated immediately or within such specified time as the Water Utility determines is reasonable under the circumstances. If said order is not complied with, the Water Utility may forthwith disconnect the service where the violation occurs. If a service is disconnected, assessment of a reconnection fee will be assessed and collected before service is restored. 2. Upon a second violation at the same property or by the responsible party, disconnection may be ordered immediately, and the service shall not be reconnected unless a device supplied by the Water Utility that will restrict the flow of water to said service is installed. Furthermore, a fee for reconnection WILL BE ASSESSED AND COLLECTED BEFORE SERVICE IS RESTORED. 3. In addition to any other legal or equitable remedy to enforce the provisions of this Code, the Town of Oro Valley may terminate or suspend water service to property owned or controlled by any party in violation of any provision in this Code. The Water Utility Director, or a designated representative, may cause a notice of water termination to be served upon the violating party stating that service will be discontinued in a predetermined number of days unless a hearing is requested. C. RIGHT TO A HEARING A hearing may be requested in writing to the Town Manager, which shall be received by the Town Manager WATER UTILITY DIRECTOR OR DESIGNATED REPRESENTATIVE, on or before the expiration of said specified number of days. If a hearing is requested, the Town Manager WATER UTILITY DIRECTOR, OR A DESIGNATED REPRESENTATIVE, shall convene a hearing within three (3) business days of receipt of the written request. The requesting party may appear before the Town Manager WATER UTILITY DIRECTOR, OR A DESIGNATED REPRESENTATIVE, and may present such evidence and reasons such party may have for not effectuating a termination or suspension of water service and may bring to the hearing such other persons or evidence as such party may desire. After hearing, and upon finding that such a violation has occurred, the WATER UTILITY DIRECTOR, OR A DESIGNATED REPRESENTATIVE, may order that water service be terminated or suspended pending compliance with the provisions of this Code. Termination of water service and reconnection of service is subject to all applicable charges, fees and penalties. THE HEARING SHALL NOT BE CONDUCTED IN ACCORDANCE WITH THE FORMAL RULES OF EVIDENCE. TESTIMONY MAY BE TAKEN UNDER OATH, WITH THE RIGHT TO CROSS-EXAMINE WITNESSES. THE DECISION OF THE WATER UTILITY DIRECTOR, OR DESIGNATED REPRESENTATIVE SHALL BE FINAL. (03-07, Added, 03/05/2003) D R A F T Final Draft D R A F T 10 15-18-6 Variance The Water Utility Director, or a designated representative, may in writing, grant variances to persons who apply for usages of water not in compliance with the RESTRICTIONS DURING TOWN DECLARED POTABLE WATER SHORTAGES described in 15-18-4. These variances may be granted if it is found that such water use is necessary to prevent an emergency condition relating to health, safety and general welfare or essential governmental services such as police, fire, and similar emergency services; or for customers who have made every reasonable effort to reduce water use yet are still prevented from compliance for reasons beyond their control. Efforts made to conserve water at the onset of drought conditions or periods of water shortage may be considered in granting said variance. (03-07, Added, 03/05/2003) 15-18-7 Penalties Any violation of any provision in this Code shall be a civil violation and shall be subject to a civil sanction not less than Fifty Dollars ($50.00) and not to exceed Two Thousand Five Hundred Dollars ($2,500.00) for each day that the violation continues. The imposition of a civil sanction shall not be suspended. (03-07, Added, 03/05/2003) 15-18-8 Public Notification Town of Oro Valley Water Utility customers shall be notified of changes in Water Conservation Levels in conformity with and based upon the Resource Status Levels set by the Town Manager by the use of public notices, local newspapers, Public Service Announcements from radio and television, door hangers, water utility bills, and any other method FORM OF COMMUNICATION necessary to provide adequate notice to customers. (03-07, Added, 03/05/2003) 15-18-9 Disclaimer If any section, subsection, sentence, clause, phrase or portion of this Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. (03-07, Added, 03/05/2003) 15-18-10 Residential Rainwater Harvesting Active and passive rainwater harvesting systems are allowed for use by residents of Oro Valley; provided, that active systems meet the requirements of applicable parts of Oro Valley Town ZONING Code Chapter 6 (Building) SECTION 27.6.D.4 AND CHAPTER 11.8 OF THE TOWN’S DRAINAGE CRITERIA MANUAL as to construction methods and that any system that ties into or uses potable water must have backflow protection installed and meet requirements of Article 15-23 of the Town of Oro Valley Water Code: Backflow Prevention and Cross-Connection Control Program. All collection vessels must be covered and mosquito proof. In passive systems, all standing water must infiltrate into the soil within twelve (12) hours. No ponding allowed. ((O)07-19, Added, 03/21/2007) D R A F T Final Draft D R A F T 11 15-18-11Rainwater Harvesting for Commercial and Master Subdivision Development Projects Active and passive rainwater harvesting systems are allowed for use by these projects. All systems must first be approved MEET THE REQUIREMENTS OF SECTION 27.6.D.4 OF THE ORO VALLEY ZONING CODE AND CHAPER 11.8 OF THE TOWN’S DRAINAGE CRITERIA MANUAL under the Drainage Review Criteria Manual and the Town Engineer prior to installation and meet current Oro Valley Town Code Chapter 6 (Building) as to construction methods. Any system that ties into or uses potable water must have backflow protection installed and meet requirements of Article 15-23 of the Town of Oro Valley Water Code: Backflow Prevention and Cross-Connection Control Program. All collection vessels must be covered and mosquito proof. For passive systems, all standing water must infiltrate into the soil within twelve (12) hours. No ponding allowed. ((O)07-19, Added, 03/21/2007) 15-18-12 Graywater Use Graywater use is allowed for use by Oro Valley Water Utility customers; provided, that all guidelines imposed by ADEQ are met and that design, construction and operation of the system meet requirements of THE INTERNATIONAL PLUMBING CODE, CHAPTER 13 (GRAYWATER RECYCLING SYSTEMS) the Oro Valley Town Code Chapter 6 (Building). All graywater systems must have backflow protection installed and must meet requirements of Article 15-23 of the Town of Oro Valley Water Code: Backflow Prevention and Cross-Connection Control Program. ((O)07-18, Added, 03/21/2007) D R A F T Final Draft D R A F T 12 Article 15-19 VIOLATIONS Sections: 15-19-1 Installation, Repair by UNAUTHORIZED Individuals Prohibited 15-19-2 Turning On Water without Authority 15-19-3 Escaping Water; Violation Declared a Civil Infraction 15-19-4 15-19-3 Interfering With; Tampering with Water Facilities; Removing Water 15-19-5 15-19-4 Damaging, Defacing Water Facilities 15-19-6 15-19-5 Penalties 15-19-1 Installation, Repair by UNAUTHORIZED Individuals Prohibited All water services to be installed by the Town of Oro Valley Water Utility shall only be installed by the Town or its authorized employees or agents as provided for in this Water Utility Code. It shall be unlawful for any person to install any such service or any part of such service, or to repair any service now existing or any part thereof, from the water mains to and including the meter, or disturb any right of way easement, street or alley in any manner for the purpose of locating problems with the water system or for any other reason whatsoever. ANY VIOLATION SHALL BE A CLASS ONE MISDEMEANOR UNLESS SPECIFICALLY STATED OTHERWISE. 15-19-2 Turning On Water without Authority If any person shall, by false key or otherwise, after the water has been shut off from any premises, cause such premises to be supplied with water, such person, his aiders and abettors, shall be guilty of a Class One Misdemeanor. 15-19-3 Escaping Water; Violation Declared a Civil Infraction No person shall intentionally allow water to escape from his premises upon public property, such as alleys, roads or streets, nor upon any other person’s property 15-19-4 15-19-3 Interfering With; Tampering with Water Facilities; Removing Water No person shall open or close any fire hydrant or stopcock connected with the water system of the Town of Oro Valley, or lift or remove the covers of any gate valves or shutoffs, or tap into Town water mains or otherwise remove water from the Town water utility system without a permit from the Director of the Town Water Utility, or in violation of conditions of a permit, except in case of fire, and then under the direction of the officers of the fire suppression service provider. Any violation shall be a Class One Misdemeanor unless specifically stated otherwise. 15-19-5 15-19-4 Damaging, Defacing Water Facilities If a person shall destroy, deface, impair, injure or wantonly force open any gate or door, or in any way whatsoever destroy, injure or deface any reservoir, building, storage tank, or appurtenances, fences, trees, or fixtures or property appertaining to the water utility of the Town, such person shall be guilty of a Class One Misdemeanor. 15-19-6 15-19-5 Penalties Any person, firm, partnership, or corporation violating any of the provisions of Title 9 of the Oro Valley Water Utility Code shall be guilty of a Class One Misdemeanor. Each day that a violation is permitted to D R A F T Final Draft D R A F T 13 exist shall constitute a separate offense. The imposition of any sentence or fine shall not exempt the offender from compliance with the provisions of this Code. Peter A. Abraham, P.E. Water Utility Director Water Utility Commission October 11, 2021 Oro Valley Water UtilityDiscussion on Town Code Chapter 15, Water Code Genesis of the Water Code Amendments The Water Code Amendments were proposed by the Utility’sWater Resource & Conservation Subcommittee and brought to the Commission for consideration in 2017 The Commission agreed on the following objectives: Update the Water Code to correct deficiencies in the current code Update the code to reflect the community’s commitment to water conservation Support the goals of the Town’s General Plan & Strategic Leadership Plan Clearly define “water wasting” and prohibit the act of “water wasting” Change the wording of the Water Conservation levels to better align with regional definitions Give the Utility the tools needed to enforce compliance with the proposed code amendments Staff was supportive of the Commission’s objectives Town Code –Chapter 15, Water Code Proposed changes to the following sections of Chapter 15 Portions of 15-1 thru 15-3: Title, Intent and Purpose Added definitions for: Commercial, Multi-family Residential, Recurring, Residential & Wasting Water Portions of 15-18: Water Conservation Areas of significant change: 15-18-3 Water Conservation Requirements 15-18-4 Restrictions during Town declared Water Shortages 15-18-5 Penalties, violations & enforcement Portions of 15-19: Violations Article reorganization Class one misdemeanors Tampering with the water system Unauthorized access of water system Town Code –Chapter 15, Water Code Examples of water wasting Discussion Discussion    Water Utility Commission 5. Meeting Date:10/11/2021   Submitted By:Danielle Tanner, Water SUBJECT: UPDATE AND DISCUSSION ON WATER UTILITY FINANCIALS (M. RALLIS) RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: Discussion only. Attachments Item 5 - Water Utility Financial Update  Water Utility Commission October 11, 2021 Oro Valley Water Utility Update & Discussion on Water Utility Financials Mary Rallis, C.P.A. Water Utility Administrator Financial Update –Fiscal Year 2021/22 -Revenues REVENUES Actuals Thru 09/30/21 Budget Notes Potable Water Sales $3,512,322 $12,600,000 Projected to meet budget Reclaimed Water Sales $400,010 $1,374,000 Projected to meet budget Groundwater Preservation Fees $686,680 $2,380,000 Projected to meet budget Service Fees $202,509 $875,000 Projected to meet budget TOTAL REVENUES $4,801,521 $17,229,000 Projected to meet budget Financial Update –Fiscal Year 2021/22 -Expenses EXPENSES Actuals Thru 09/30/21 Budget Notes Personnel $651,441 $3,662,217 Projected to be below budget due to vacancy savings Operations & Maintenance $1,675,066 $9,349,512 Projected to be at budget Capital $124,117 $1,050,000 Projected to be at budget Debt Service $4,935,311 $4,935,311 Actuals at budget TOTAL EXPENSES $7,385,935 $18,997,040 Total expenses projected to be at budget Customer Service Update –Thru 09/30/21 FY 2020/21 Thru 09/30/21 New meters installed 505 62 Customer base 20,966 21,028 Water audits performed 56 7 Water Smart Registered Accounts 6,446 6,553 Discussion    Water Utility Commission 6. Meeting Date:10/11/2021   Submitted By:Danielle Tanner, Water SUBJECT: UPDATE AND DISCUSSION ON CAPITAL IMPROVEMENT PROJECTS (L. JACOBS) RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: Discussion only. Attachments Item 6 - Capital Projects Update  Oro Valley Water Utility Update and Discussion on Capital Improvement Projects Lee Jacobs, P.E., C.P.M. Engineering Division Manager Water Utility Commission October 11, 2021 Rehabilitation of well casing, pump, well head & motor Video assessment of well condition, brush, bail, and swab casing and make assessment or determination of next steps Assessment of pump, motor, well capacity, efficiency, make determination of new pump specifications Re-equip well with new pump and rehab motor Well Rehabilitation D-1 and D-9 Budget: $150,000 Retaining wall and perimeter wall construction Supplementing well field within the 10-164 system (TOV limits) Retaining wall design complete slope vegetated Permitted to pump 1450 acre-feet per year (898 gpm) Construction expected to be complete this fiscal year Well equipping design complete –control panel design pending Nakoma Sky Production Well Budget: $500,000 Well drilling complete/development of formation, site design and equipping Supplementing well field within the 10-164 system (TOV limits) Drill production well to 780 feet below surface 16” diameter casing Supplement “D” Zone water Remaining work: Well design is approximately 75% complete and electrical design, control panel as well as integration is 3 qtr. 2022 Steam Pump Well Budget: $800,000 Site Layout of future Steam Pump Distribution Line Loop Steam Pump Well D-11 Crimson Canyon hydropneumatic (HP) tank replacement “F” & “G” Zones Replacement of two 1,000-gallon HP tanks and associated piping Per OVWU Standard Detail New tank is ASME or Board Certified to operate as a pressure vessel Improve safety for operators Crimson Canyon “H” Zone Booster Station HP Replacement Budget: $100,000 Rancho Vistoso Hydropneumatic (HP) Tank Replacement “H” Zone Design and install new 5,000-gallon HP tank and associated piping per OVWU Standard Detail New tank is ASME or Board Certified to operate as a pressure vessel Improve safety for operators and Infrastructure Rancho Vistoso “H” Zone Booster Station Hydro-Tank Replacement CIP HP Tank Replacement Program Valve Truck The purchase of the valve truck will move the Utility forward in proactively identifying and addressing valves and ensuring they will be operational well into the future More efficiently identify valves that need replacing or maintenance Valve Replacement Program Budget: $100,000 CIP Project 100% Design and bids received April 2021 for discharge pipe. Construction is 90% complete for this phase of the work. Booster station to pump from “E” to “F” and “G” Zones from La Cañada Reservoir Contractor is substantially complete with discharge pipes and Engineering will begin selecting design firm to design future two zone booster station. La Cañada Booster Station “E” to “F” & ”E” to G” Zone Boosters Independent Pipeline Design and Property Acquisition Design Consultant is working on 90% design Arizona State Land Department accepted 50-year lease agreement Hydraulic analysis and transmission main design completed Identified properties that may require easements for pipeline completed and acquired Northwest Recharge, Recovery and Delivery System Questions    Water Utility Commission 7. Meeting Date:10/11/2021   Submitted By:Danielle Tanner, Water SUBJECT: UPDATE AND DISCUSSION ON WATER RESOURCE USAGE (P. ABRAHAM) RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: Discussion only. Attachments Item 7 - Water Resource Usage  Peter A. Abraham, P.E. Water Utility Director Water Utility Commission October 11, 2021 Oro Valley Water UtilityUpdate & Discussion on Water Resource Usage Oro Valley Main Service Area Jan –Sept 2021 Water Use by Type Countryside Service Area Jan –Sept 2021 Water Use by Type Discussion Discussion    Water Utility Commission 9. Meeting Date:10/11/2021   Submitted By:Danielle Tanner, Water SUBJECT: DIRECTOR'S REPORT RECOMMENDATION: N/A EXECUTIVE SUMMARY: N/A BACKGROUND OR DETAILED INFORMATION: N/A FISCAL IMPACT: N/A SUGGESTED MOTION: Report only. Attachments Item 9 - Director's Report  Peter A. Abraham, P.E. Water Utility Director Water Utility Commission October 11, 2021 Oro Valley Water Utility Director’s Report Upcoming Meetings October 20, 2021 Town Council Regular Session Council Chambers @ 6 p.m. November 3, 2021 Town Council Regular Session Council Chambers @ 6 p.m. November TBD, 2021 Water Utility Commission Field Trip Kai Farms Redrock GSF Time TBD November 17, 2021 Town Council Regular Session Council Chambers @ 6 p.m. Thank You